WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a)(30) 1 For any mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4), misuse of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) pursuant to 26 V.S.A. § 7101.
Section 2 amends Vermont's existing unprofessional conduct statute to add a new ground for disciplinary action: misuse of artificial intelligence by any mental health professional as defined in 26 V.S.A. § 7101. This cross-references the permitted and prohibited uses established in the new chapter 120, making licensure discipline available as an enforcement mechanism in addition to the Consumer Protection Act remedies in § 7115.
(a)(1)–(4) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1)" includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.18 V.S.A. § 7115(a)(2). (2) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.18 V.S.A. § 7115(a)(2)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data. (3) "Mental health servicesMental health services"Mental health services" means support, counseling, therapy, or psychotherapy services provided by a mental health professional to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counseling.18 V.S.A. § 7115(a)(3)" means support, counseling, therapy, or psychotherapy services provided by a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4) to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counselingReligious counseling"Religious counseling" means counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of the individual's duties if explicitly faith-based and not represented as clinical services.26 V.S.A. § 7101(a)(7). (4) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means a written or spoken interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide any advice related to diagnosis, treatment, or recovery.18 V.S.A. § 7115(a)(4)" means a written or spoken interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide any advice related to diagnosis, treatment, or recovery.
(b) 2 A person, corporation, or other entity shall not offer, provide, or advertise mental health servicesMental health services"Mental health services" means support, counseling, therapy, or psychotherapy services provided by a mental health professional to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counseling.18 V.S.A. § 7115(a)(3) in the State that represent artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) as providing therapeutic judgment, diagnosis, treatment, or therapeutic communicationTherapeutic communication"Therapeutic communication" means a written or spoken interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide any advice related to diagnosis, treatment, or recovery.18 V.S.A. § 7115(a)(4). Nothing in this subsection shall prohibit the use or disclosure of the use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) for administrative, documentation, operational, or quality-improvement purposes when a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4) retains clinical responsibilityClinical responsibility"Clinical responsibility" means the duty of a mental health professional to review, approve, and remain legally accountable for any use of artificial intelligence in connection with the provision of mental health services.26 V.S.A. § 7101(a)(2) as authorized pursuant to 26 V.S.A. § 7101.
(c)(1)–(2) A violation of this section shall be deemed a violation of the Consumer Protection Act, 9 V.S.A. chapter 63. The Attorney General has the same authority to make rules, conduct civil investigations, enter into assurances of discontinuance, and bring civil actions, and private parties have the same rights and remedies as provided under 9 V.S.A. chapter 63, subchapter 1. (2) Nothing in this section shall be construed to preclude or supplant any other statutory or common law remedies.
Section 3 creates a broad prohibition applicable to any person, corporation, or other entity — not limited to licensed professionals — from offering, providing, or advertising mental health services in Vermont that represent AI as providing therapeutic judgment, diagnosis, treatment, or therapeutic communication. This is a consumer-facing market-access prohibition: it prevents AI-powered therapy products from being sold or marketed in Vermont.
The section includes a carve-out permitting AI use for administrative, documentation, operational, and quality-improvement purposes where a licensed mental health professional retains clinical responsibility under 26 V.S.A. § 7101. Violations are deemed Consumer Protection Act violations enforceable by the Attorney General and through private action under 9 V.S.A. chapter 63.
(1)–(2) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1)" includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.18 V.S.A. § 7115(a)(2). (2) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.18 V.S.A. § 7115(a)(2)" means an artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.
Section 7001 establishes the general definitions for the new chapter 120, covering artificial intelligence and generative artificial intelligence. These definitions apply throughout the chapter but the section creates no standalone obligations.
(a)(1)–(10) "Administrative supportAdministrative support"Administrative support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, such as scheduling, billing, and general logistics, but excluding therapeutic communication.26 V.S.A. § 7101(a)(1)" means a task performed to assist a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4) in the professional's delivery of mental health servicesMental health services"Mental health services" means support, counseling, therapy, or psychotherapy services provided by a mental health professional to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counseling.18 V.S.A. § 7115(a)(3), such as scheduling, billing, and general logistics, but excluding therapeutic communicationTherapeutic communication"Therapeutic communication" means a written or spoken interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide any advice related to diagnosis, treatment, or recovery.18 V.S.A. § 7115(a)(4). (2) "Clinical responsibilityClinical responsibility"Clinical responsibility" means the duty of a mental health professional to review, approve, and remain legally accountable for any use of artificial intelligence in connection with the provision of mental health services.26 V.S.A. § 7101(a)(2)" means the duty of a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4) to review, approve, and remain legally accountable for any use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) in connection with the provision of mental health servicesMental health services"Mental health services" means support, counseling, therapy, or psychotherapy services provided by a mental health professional to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counseling.18 V.S.A. § 7115(a)(3). (3) "ConsentConsent"Consent" means an explicit, affirmative act by an individual that communicates in writing voluntary, informed, and revocable agreement. "Consent" does not include acceptance of broad terms-of-use agreements, passive actions, or deceptive practices.26 V.S.A. § 7101(a)(3)" means an explicit, affirmative act by an individual that communicates in writing voluntary, informed, and revocable agreement. "ConsentConsent"Consent" means an explicit, affirmative act by an individual that communicates in writing voluntary, informed, and revocable agreement. "Consent" does not include acceptance of broad terms-of-use agreements, passive actions, or deceptive practices.26 V.S.A. § 7101(a)(3)" does not include acceptance of broad terms-of-use agreements, passive actions, or deceptive practices. (4) "Mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4)" means an individual licensed, certified, or rostered, respectively, to provide mental health servicesMental health services"Mental health services" means support, counseling, therapy, or psychotherapy services provided by a mental health professional to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counseling.18 V.S.A. § 7115(a)(3) as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer supportPeer support"Peer support" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title.26 V.S.A. § 7101(a)(6) provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health servicesMental health services"Mental health services" means support, counseling, therapy, or psychotherapy services provided by a mental health professional to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counseling.18 V.S.A. § 7115(a)(3) except as exempted in subsection (e) of this section. (5) "Mental health servicesMental health services"Mental health services" means support, counseling, therapy, or psychotherapy services provided by a mental health professional to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counseling.18 V.S.A. § 7115(a)(3)" means support, counseling, therapy, or psychotherapy services provided by a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4) to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counselingReligious counseling"Religious counseling" means counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of the individual's duties if explicitly faith-based and not represented as clinical services.26 V.S.A. § 7101(a)(7) or peer supportPeer support"Peer support" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title.26 V.S.A. § 7101(a)(6). (6) "Peer supportPeer support"Peer support" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title.26 V.S.A. § 7101(a)(6)" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title. (7) "Religious counselingReligious counseling"Religious counseling" means counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of the individual's duties if explicitly faith-based and not represented as clinical services.26 V.S.A. § 7101(a)(7)" means counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of the individual's duties if explicitly faith-based and not represented as clinical services. (8) "Supplementary supportSupplementary support"Supplementary support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, excluding therapeutic communication and administrative support.26 V.S.A. § 7101(a)(8)" means a task performed to assist a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4) in the professional's delivery of mental health servicesMental health services"Mental health services" means support, counseling, therapy, or psychotherapy services provided by a mental health professional to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counseling.18 V.S.A. § 7115(a)(3), excluding therapeutic communicationTherapeutic communication"Therapeutic communication" means a written or spoken interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide any advice related to diagnosis, treatment, or recovery.18 V.S.A. § 7115(a)(4) and administrative supportAdministrative support"Administrative support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, such as scheduling, billing, and general logistics, but excluding therapeutic communication.26 V.S.A. § 7101(a)(1). (9) "Therapeutic communicationTherapeutic communication"Therapeutic communication" means a written or spoken interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide any advice related to diagnosis, treatment, or recovery.18 V.S.A. § 7115(a)(4)" means a written or spoken interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide any advice related to diagnosis, treatment, or recovery. (10) "Therapeutic decisionTherapeutic decision"Therapeutic decision" means the final clinical determination regarding diagnosis or selection, modification, or termination of treatment or care. "Therapeutic decision" does not include algorithmic risk scoring, data analytics, or other clinical decision support tools when used under the supervision and authority of a licensed mental health professional.26 V.S.A. § 7101(a)(10)" means the final clinical determination regarding diagnosis or selection, modification, or termination of treatment or care. "Therapeutic decisionTherapeutic decision"Therapeutic decision" means the final clinical determination regarding diagnosis or selection, modification, or termination of treatment or care. "Therapeutic decision" does not include algorithmic risk scoring, data analytics, or other clinical decision support tools when used under the supervision and authority of a licensed mental health professional.26 V.S.A. § 7101(a)(10)" does not include algorithmic risk scoring, data analytics, or other clinical decision support tools when used under the supervision and authority of a licensed mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4).
(b) 3 A mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4) may use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) systems for administrative supportAdministrative support"Administrative support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, such as scheduling, billing, and general logistics, but excluding therapeutic communication.26 V.S.A. § 7101(a)(1), supplementary supportSupplementary support"Supplementary support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, excluding therapeutic communication and administrative support.26 V.S.A. § 7101(a)(8), and operational or quality-improvement functions, provided the professional retains sole responsibility for therapeutic decisionsTherapeutic decision"Therapeutic decision" means the final clinical determination regarding diagnosis or selection, modification, or termination of treatment or care. "Therapeutic decision" does not include algorithmic risk scoring, data analytics, or other clinical decision support tools when used under the supervision and authority of a licensed mental health professional.26 V.S.A. § 7101(a)(10). Permitted uses include scheduling, billing, coding, and claims processing; transcription and documentation support; preparation and maintenance of clinical records; deidentified data analysis for quality improvement; and workforce and capacity planning where the mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4) reviews, modifies where necessary, and approves the final product.
(c)(1)–(2) 4 Any administrative supportAdministrative support"Administrative support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, such as scheduling, billing, and general logistics, but excluding therapeutic communication.26 V.S.A. § 7101(a)(1) or supplementary supportSupplementary support"Supplementary support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, excluding therapeutic communication and administrative support.26 V.S.A. § 7101(a)(8) tasks conducted using artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1), including transcription and recording, shall be subject to the disclosure prohibitions in 18 V.S.A. §§ 1881 and 7103. (2) ConsentConsent"Consent" means an explicit, affirmative act by an individual that communicates in writing voluntary, informed, and revocable agreement. "Consent" does not include acceptance of broad terms-of-use agreements, passive actions, or deceptive practices.26 V.S.A. § 7101(a)(3) by a patient or client is required when artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) is used to record identifiable therapeutic communicationsTherapeutic communication"Therapeutic communication" means a written or spoken interaction intended to diagnose or treat any type of mental or behavioral health concern, provide ongoing recovery support, or provide any advice related to diagnosis, treatment, or recovery.18 V.S.A. § 7115(a)(4).
(d)(1)–(2) 5 A mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4) shall not use artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) in a manner that allows the artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) to independently make therapeutic decisionsTherapeutic decision"Therapeutic decision" means the final clinical determination regarding diagnosis or selection, modification, or termination of treatment or care. "Therapeutic decision" does not include algorithmic risk scoring, data analytics, or other clinical decision support tools when used under the supervision and authority of a licensed mental health professional.26 V.S.A. § 7101(a)(10), independently diagnose, independently determine treatment, or independently generate treatment plans. (2) Nothing in this subsection shall prohibit a mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4) from disclosing or describing the mental health professionalMental health professional"Mental health professional" means an individual licensed, certified, or rostered, respectively, to provide mental health services as a physician pursuant to chapter 23 or 33 of this title, an advance practice registered nurse specializing in psychiatric mental health pursuant to chapter 28 of this title, a psychologist pursuant to chapter 55 of this title, a peer support provider or peer recovery support specialist pursuant to chapter 60 of this title, a social worker pursuant to chapter 61 of this title, an alcohol and drug abuse counselor pursuant to chapter 62 of this title, a clinical mental health counselor pursuant to chapter 65 of this title, a marriage and family therapist pursuant to chapter 76 of this title, a psychoanalyst pursuant to chapter 77 of this title, or an applied behavior analyst pursuant to chapter 95 of this title, and a nonlicensed or noncertified psychotherapist, noncertified psychoanalyst, or any other professional that provides mental health services except as exempted in subsection (e) of this section.26 V.S.A. § 7101(a)(4)'s use of artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.18 V.S.A. § 7115(a)(1) for administrative supportAdministrative support"Administrative support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, such as scheduling, billing, and general logistics, but excluding therapeutic communication.26 V.S.A. § 7101(a)(1) or supplementary supportSupplementary support"Supplementary support" means a task performed to assist a mental health professional in the professional's delivery of mental health services, excluding therapeutic communication and administrative support.26 V.S.A. § 7101(a)(8) purposes to a prospective, current, or former patient or client.
(e)(1)–(3) Exceptions. Nothing in this section shall apply to: (1) religious counselingReligious counseling"Religious counseling" means counseling provided by clergy, pastoral counselors, or other religious leaders acting within the scope of the individual's duties if explicitly faith-based and not represented as clinical services.26 V.S.A. § 7101(a)(7); (2) peer supportPeer support"Peer support" means support services provided by an individual with lived experience of a mental health condition or substance use disorder who is not certified under chapter 60 of this title.26 V.S.A. § 7101(a)(6) provided by an individual who is not certified pursuant to chapter 60 of this title; and (3) generalized educational and self-help resources that do not purport to offer mental health servicesMental health services"Mental health services" means support, counseling, therapy, or psychotherapy services provided by a mental health professional to diagnose or treat an individual's mental or behavioral health or provide ongoing recovery support, excluding religious counseling.18 V.S.A. § 7115(a)(3).
Section 7101 is the core regulatory provision for licensed mental health professionals' use of AI. It establishes three compliance layers: (1) permitted uses for administrative, supplementary, and operational support with retained clinical responsibility; (2) a consent obligation for recording identifiable therapeutic communications using AI; and (3) categorical prohibitions on using AI to independently make therapeutic decisions, diagnose, determine treatment, or generate treatment plans.
The section's definition of therapeutic decision explicitly carves out algorithmic risk scoring, data analytics, and clinical decision support tools when used under licensed professional supervision — narrowing the prohibition to final clinical determinations rather than upstream decision-support functions. The consent definition requires written, informed, revocable agreement and expressly excludes broad terms-of-use acceptance, passive actions, and deceptive practices.
This act shall take effect on passage.
The act takes effect on passage, meaning upon the governor's signature or, if unsigned, upon the constitutionally specified date.